By: Dutton H.B. No. 1413
73R4732 CAE-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to assistance to disadvantaged businesses in professional
1-3 services contracts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3, Professional Services Procurement Act
1-6 (Article 664-4, Vernon's Texas Civil Statutes), is amended to read
1-7 as follows:
1-8 Sec. 3. (a) No state agency, political subdivision, county,
1-9 municipality, district, authority, or publicly-owned utility of the
1-10 State of Texas shall make any contract for, or engage the
1-11 professional services of, any licensed physician, optometrist,
1-12 surgeon, architect, certified public accountant, land surveyor, or
1-13 registered engineer, or any group or association thereof, selected
1-14 on the basis of competitive bids submitted for such contract or for
1-15 such services to be performed, but shall select and award such
1-16 contracts and engage such services on the basis of demonstrated
1-17 competence and qualifications for the type of professional services
1-18 to be performed and at fair and reasonable prices, as long as
1-19 professional fees are consistent with and not higher than the
1-20 published recommended practices and fees of the various applicable
1-21 professional associations and do not exceed the maximum provided by
1-22 any state law.
1-23 (b) A state agency, political subdivision, county,
1-24 municipality, district, authority, or publicly-owned utility of the
2-1 State of Texas shall make a good faith effort to assist
2-2 disadvantaged businesses to receive at least 10 percent of the
2-3 total value of all contract awards for professional services that
2-4 the entity expects to make during its fiscal year. The state
2-5 agency, political subdivision, county, municipality, district,
2-6 authority, or publicly-owned utility shall estimate the expected
2-7 total value of its contract awards under this Act not later than
2-8 the 60th day of the entity's fiscal year and may revise the
2-9 estimate as new information requires.
2-10 (c) In this section, "disadvantaged business" has the
2-11 meaning assigned that term in Section 1.02, State Purchasing and
2-12 General Services Act (Article 601b, Vernon's Texas Civil Statutes),
2-13 and its subsequent amendments.
2-14 SECTION 2. This Act takes effect September 1, 1993.
2-15 SECTION 3. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.